trial strategy

50 – Sari de la Motte – Voir Dire & Opening: Forming The Best Jury Possible

In this Trial Lawyer Nation podcast, Michael Cowen invites Sari de la Motte back to the show. Sari was one of our top episodes in 2019, so to celebrate 50 episodes and over 100,000 downloads we invited her to be our first returning guest. This show will cover voir dire, opening, the concept of group communication, and how all of these concepts help you form the best jury for your case.

To start things off, Sari shares that her book “From Hostage to Hero: Captivate the Jury by Setting Them Free” is now available for purchase. She reveals how her desire to help trial lawyers understand why jurors “don’t want to be there” (summoned for jury duty), how to deal with this, and then lead them from their “hostageness – their inability to say no to this process” to choosing to be a part of the jury, was how the idea for the book began. Michael adds how initially this reminded him of Carl Bettinger’s book “Twelve Heroes, One Voice” in that both Carl and Sari believe it is important to help your jury become the hero in the case. But after working with Sari, Michael sees how she focuses more on the hostage aspect, shows you how to release the jury panel from this, works to help you understand how important nonverbal communication can be, and gives practical tips to use in the courtroom.

Jumping right in Michael introduces the highly debated topic of “inclusive voir dire” versus “exclusionary voir dire.” He reveals how in the past he has used exclusionary voir dire to find his bad jurors, but understanding Sari’s thoughts on the “hostage mentality” has made him rethink his voir dire technique. Putting it bluntly Sari gives the example of “when you come in with the mindset of ‘who here is out to kill me and how do I kill them first’ that is like a poison and a disease” which then spreads and has your potential jurors wanting to find a way to get out of being selected for your jury.  A different mindset where you find the people who want to help you can change this and Sari’s analogy involving hiring a new paralegal and sorting through resumes helps put everything into perspective.

Michael pivots the conversation into how important mindset is for trial lawyers. Sari truly believes “how you’re thinking, affects how you act, which affects your results” and explains how the CTFAR model can help. Michael gives the example of his mindset before his upcoming jury trial and how he is reminding himself “jurors are good people and want to do the right thing and help my client.” This example leads to Sari sharing just how useful the mindset of “the jurors love me” was for a client of hers and how the success of this led to a $10 million dollar jury verdict. And if you are thinking “this is bullshit” Sari explains the communication science behind it and why it works.

Moving from mindset back to voir dire, Sari and Michael discuss how frustrated potential jurors are in the jury selection process. When jurors are not sure why they are there and what is happening it’s critical to get to the point and say what they are in court to do. The next step is to then think about voir dire as a group process and not an individual process, because you are there to create a group and you want a group to reach a verdict in your case not 12 individuals. Michael adds how equally important it is to think about the information you share with the group, the order in which you share it, and how you shape the conversation. The order in which you share your information is crucial and your timing is too, which leads to Sari explaining how jurors will immediately think whatever principle or fact (good or bad) you bring up first is the most important part of your case.

Michael wraps up this episode with a discussion on managing energy. He shares his experiences as a trial lawyer by describing his energy level as a young attorney as being extremely high energy at all times, but then when he tried to slow down he came across as “low energy and passionless,” and now he has learned about “managing energy” to keep the jury engaged and never bored. “Ringing the bell” is an engaging way for attorneys to keep the jury on the edge of their seat and is described as a tool for great storytelling in your opening. However, these techniques are not natural and as Michael points out you have to practice before you do this in front of the jury successfully. Practice should not be confused with scripting an opening, so Sari reminds listeners this is for “the ease and the delivery of information not rehearsing it word for word.”

The podcast is filled with additional great advice ranging from the importance of videotaping yourself, why it is imperative to rehearse saying the dollar amount you want a jury to award, thinking about the principles in your case, how journaling can help you in your mindset, using devils advocate questions, thinking about voir dire and how it connects jurors to you in your opening, and so much more. It’s truly a show any attorney will want to listen to more than once.

 

BACKGROUND ON SARI DE LA MOTTE

Sari de la Motte is a nationally recognized coach, speaker, and trial consultant. She has trained extensively with an internationally recognized authority in nonverbal communication and is an expert in nonverbal intelligence.

Sari specializes in helping trial attorneys communicate with jurors.

Sari speaks to audiences of a few dozen people to audiences of over a thousand. A sought-after keynote speaker, Sari is often asked to headline conferences across the United States.

Sari consults with trial attorneys all over the country, assisting with trial strategy, voir dire and opening statement. She conducts mock trials in her studio in Portland, Oregon and assists with jury selection on-site.

Sari has spoken for, and works with, several members of the Inner Circle of Advocates, an invitation-only group consisting of the top 100 trial attorneys in the United States. She’s has been a featured columnist for Oregon Trial Lawyer’s Magazine, Sidebar, and has also written for Washington State Association of Justice, Oregon Criminal Defense Attorney, and other legal publications. She provides CLEs for various state association of justices around the country.  Because of her unique ability to help attorneys communicate their real selves, she has been dubbed “The Attorney Whisperer.”

Sari is regularly interviewed on TV, radio, and in print, and has appeared in the Atlantic, Huffington Post, The Oregonian, Willamette Week and other publications. Her book, From Hostage to Hero: Captivate the Jury by Setting Them Free was released by Trial Guides in November, 2019.

For more information on Sari de la Motte you can visit http://www.saridlm.com/

20 – Alexander Begum – A Practice Built by The Law Giant

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with founding shareholder of the Begum Law Group LLC, Alexander Begum, who has offices in San Antonio, Brownsville, Laredo and McAllen. Alex admits early on in his conversation with Michael that he didn’t originally know he wanted to be a lawyer. He didn’t have any immediate connections to the law field, and friends and family members initially forced him to study for his MBA as a fallback. A blessing in disguise, this actually helped him to bring a business perspective to the field of law.

From early on, Alex found himself valuable by leveraging his business and finance education. He turned down a $75k/yr position at a defense firm, has his sights on something better, only to take 4 years to break the $100k mark. He first started with just about any case he could bring in the door from child custody to divorce to criminal and corporate, but eventually transitioned to personal injury when he got a big “break” from an owner of a managing agency who saw him in the courtroom as a defense lawyer who won a settlement against the plaintiff through a counterclaim. They liked what they saw so much they essentially fired another firm they had been working with and sent all their car wreck defense cases to his office. Listening to him tell the story is reminiscent of something from the movies with a van full of case files, in varying stages of pre-lit and litigation, being dropped at their front doorstep. Jumping right into the cases, it didn’t take long for him to see the limitless potential in the personal injury world. After having been exposed to several practice areas of law and through the process of elimination, Alex landed on plaintiff personal injury. The fact that his father was an immigrant further solidified his decision to fight for the small guy, beat all odds and led him into representing people who had been victimized in some way.

The conversation fast-forwards and switches to a more “tactical” view of trial strategy involving the practice of NOT including medical bills in a trial. The studies that Michael and Alex have both reviewed are striking, but the actual implementation of this in Alex’s practice has proven to be successful with 6 and 7-figure verdicts on cases – some of which have $4k of medical bills! The explanation from Alex on why he thinks this practice works is extremely insightful, to say the least, and shows that litigation without medical bills may become the standard practice by necessity. Michael points out that, ironically, he believes the industry is going to end up with bigger recoveries. They also talk through the effects the different strategies have on juries in awarding damages and how one of the tactics can anchor down the numbers, whereas the other can allow jurors to think about the true impact of what’s been taken from a client and their family.

Alex shares some of his insights on how he balances the administration of running his firm and keeping cases on track with trying cases himself. He shares everything from the software they use to his endless checklists, which Michael is able to draw a parallel to form a brief past in aviation where pilots are known for going through their checklists regardless of how many times they’ve flown the airplane – all in the name of quality control.

Michael asks Alex about the journey of advertising, which they both agree is “painful.” But, Alex goes on to talk about the evolution of advertising in the legal industry and the importance of dominating a niche market with examples like “The Jewish Lawyer,” “The Hammer,” or in his own case, “The Law Giant.” He talks about a significant focus group he conducted that helped him realize the overwhelming weight given toward recalling a branded nickname/persona more than any other factor in an attorney’s practice. In Alex’s view, things like trial experience, verdict history, or even the name of the attorney play very little into the public’s perspective of who to call. Some of the examples he gives of niche type tactics are tried and true when it comes to advertising on everything from billboards down to business cards.

Michael wraps up the podcast by asking on behalf of all the aspiring PI lawyers listening, “How did you get to where you are?” Alex’s reply is priceless and timeless all at once: “It’s funny how the harder I work, the luckier I become.”

Background on Alexander Begum

Alexander Begum is a founding shareholder of the Begum Law Group LLC, with offices in San Antonio, Brownsville, Laredo, and McAllen. Mr. Begum completed his undergraduate studies at Trinity University in San Antonio earning a double major in marketing and finance. Thereafter, he attended Harvard University in Boston where he studied finance and legal writing. Following the completion of his undergraduate studies, Alex acquired a Juris Doctor and a Masters of Business Administration with a concentration in finance from Texas Tech University.

After graduating from law school, Alex did not cease in his quest for learning and improving his skills. In 2010 Mr. Begum was chosen to be among the elite few who are accepted into the Trial Lawyers College. This intense program is intended to push each individual student toward a greater understanding of themselves and others. Every attorney that graduates from the Trial Lawyers College walks away knowing they have improved not only their skills as attorneys but have improved their “personhood” as well. Attending such a program is not an easy task. Alexander Begum made the choice to be away from his home, family and law practice to devote the time to attend and graduate from the Trial Lawyers College. He willingly made this sacrifice for a singular purpose. He wanted to be better able to help his clients and serve his community.

For more information on Alex Begum, visit https://www.texaslegalgroup.com/Attorneys/Alexander-Begum.shtml

 

09 – Artemis Malekpour – All-Inclusive Trial Strategy

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In this Trial Lawyer Nation podcast, Michael Cowen sits down with a nationally renowned trial consultant, Artemis Malekpour whose strength lies in her trial litigation strategy consulting. She describes it by boiling it all down to, “we help your case.”

However, the sheer magnitude of the scope of her work ranges from before you even file a case, to the end result, and everything in between, including focus groups, trial strategy, mediation strategy, discovery, pre-suit issues, voir dire, and opening statements to name just a few. Artemis describes her entry into the profession as coming initially from a background of psychology and starting down the pre-med path when realizations came to her, along with a pretty dramatic chain of events, that aligned her studies with a passion toward the legal industry. Her dilemma with the situation turned into learning more and taking in feedback from many different subsequent cases and being introduced to them from the inside, which eventually confirmed she was heading in the right direction for herself.

Empathizing with Michael, who also has a psychology degree, Artemis describes several of the cases she’s been through where the emotions start to take over and the desire to help everyone kicks in. Both Michael and Artemis give several examples of intake processes now firmly in place to help avoid accepting cases which are not suitable to take on both for the good of the firm or for the good of the client.

Artemis also opens up about her focus group experiences across the country, averaging sometimes around 40 per year, and divulges some of the trends she is seeing as a result of our current political climate. An interesting moment is a conversation between her and Michael about the power of silence, be it in the courtroom or with a focus group, and how it can be used to benefit your case. And while this technique and others are discussed, Artemis reinforces the importance of understanding there is no “magic formula” for success and describes what she believes the best trial lawyers do after trial.

The insights Artemis shares throughout the conversation are not just insightful, but practical toward any case. Michael jokingly refers to these insights as a “list of the things we do to screw up our own cases.” But we also know even that depiction is sometimes an understatement, which is why talking with Artemis was such a pleasure in this episode. She tells it like it is, and we all come out better on the other side.

Background on Artemis Malekpour

Artemis Malekpour is a partner in the litigation consulting firm of Malekpour & Ball.  With a background in psychology and psychiatric research, she specializes in focus groups, case strategy, damages, and jury selection.  Artemis did her undergraduate work at the University of North Carolina at Chapel Hill, then earned a Master’s in Healthcare Administration from UNC’s School of Public Health and a law degree with honors from Duke University.  She has consulted on a wide variety of cases across the country, with a knack for identifying potential landmines, incorporating her knowledge from years of watching jury deliberations and talking with jurors.

For more info on Artemis Malekpour visit https://www.trialguides.com/authors/artemis-malekpour/

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